Effectiveness of The Reversed Burden of Proof By The Public Prosecutor in The Criminal Action of Money Laundering From The Proceeds of Banking Crimes (Case study of Decision Number 2113 K/Pid.Sus/2023)

Abstract

Abstract. Banking Crimes and Money Laundering Crimes in Indonesia have been categorized as extraordinary crimes which are currently in a very alarming condition, so that the handling must also use extraordinary methods and procedures (extraordinary legal instruments). The evidentiary system currently used by law enforcement officials using the ordinary evidentiary system is considered incapable of eradicating corruption and money laundering crimes. This study aims to analyze the effectiveness of law enforcement of the reverse evidence system in money laundering crimes originating from corruption cases. Law enforcement of the reversed evidence system in the crime of money laundering (Money Laundering) raises various difficulties this is due to the absence of procedural law that specifically regulates the reversed evidence system against the crime of money laundering. This research is about the Reverse Evidence System in the Crime of Money Laundering. The results of the study explain that limited and balanced reverse evidence and pure or absolute reverse evidence both violate the rights of the defendant, the difference if pure or absolute reverse evidence directly changes the basic concept of criminal law in Indonesia as well as contrary to the principles of law and the Indonesian constitution, moreover Indonesia has also adopted Law Number 39 of 1999 concerning Human Rights and various international conventions on human rights that have been ratified by Indonesia, so it is clear that if absolute reverse evidence is applied it will conflict with other laws.